BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal has been filed against the judgment dated 21. 5. 1999 passed learned by Additional District and Sessions Judge, Jhalawar, in Sessions Case No. 44/96 (Old No. 29/94) State vs. Bheru Lal and other where by the appellants have been convicted and sentenced as under:- u/section 147 IPC Imprisonment for one year u/section 341 IPC Imprisonment for one month u/section 302/149 IPC Life Imprisonment and a fine of Rs. 500/- each, in default of payment of fine, further imprisonment of one month. u/section 323 IPC Imprisonment of One year. All the sentences were ordered to run concurrently.

(2.) BRIEFLY stated the prosecution story is that on 6. 1. 1994, a report was lodged by injured Bhanwar Lal at Police Station Aklera, district Jhalawar stating therein that all the appellants first obstructed him and then inflicted lathi blows upon him near the Well of Amar Chand while he was going to his village Tharol from Aklera in a bullock cart. It was further stated that Jagdish inflicted lathi blows on the back side of his head, Bheru Lal inflicted a lathi blow on the left side of his back as a result of which he fell from the bullock cart. Thereafter Kalyan and others have inflicted lathi blows and believing him dead, they ran away from the scene of occurrence. On raising hue and cry, Bheru Lal s/o Narayan, Prabhu Lal s/o Rama Meena, resident of Tharol and his son Gulab Chand came there and witnessed the incident. It was also stated that on account of old enmity with him and Virdhi Lal and Heera Lal, the accused appellants inflicted lathi blows with an intention to cause death. The complainant died in the night on the same day in the hospital.

(3.) AS per Ex. P. 24 Injury Report of Bhanwar Lal, there were five injuries caused by blunt weapon. PW. 12 Dr. Shaktidhar Pathak in his statement deposed that the injury Nos. 1, 2 and 5 resulted in fracture in the bones and were sufficient in the ordinary course of nature to cause death of Bhanwar Lal.